Illinois Law: Every divorce or parentage case involving children requires a parenting plan. You must submit one within 120 days. The plan covers two things: (1) parenting time (the schedule) and (2) decision-making (who decides what). If you and your co-parent agree, submit a joint plan. If not, the judge decides.
The Two Parts of Every Parenting Plan
Illinois eliminated "custody" and "visitation" in 2016. Now we have:
Parenting Time
The physical schedule—who has the children when.
- • Weekday/weekend schedules
- • Holiday allocation
- • Summer vacation time
- • Transportation arrangements
- • Right of first refusal
Decision-Making
Who makes major decisions for the children.
- • Education: School choice, tutoring, IEPs
- • Healthcare: Doctors, treatments, therapy
- • Religion: Religious upbringing, practices
- • Extracurriculars: Sports, activities, camps
Key Point: These are allocated separately. You can have equal parenting time but one parent makes all education decisions. Or 60/40 time but joint decision-making on everything. Courts craft arrangements based on each family's situation.
Common Parenting Time Schedules
50/50 Equal Time
Several variations achieve equal time:
- Week-on/Week-off: Alternating full weeks. Simple but long gaps between transitions.
- 2-2-3 Rotation: Parent A has Mon-Tue, Parent B has Wed-Thu, alternate weekends (Fri-Sun). More frequent contact.
- 3-4-4-3: Three days, four days, then swap. Balances contact with stability.
60/40 Split
Common when one parent has demanding work schedule:
- Every weekend + one weeknight: Non-majority parent gets Fri-Sun plus Wednesday dinner/overnight.
- Extended weekends: Thursday after school through Monday morning, every other week.
70/30 or 80/20 Split
When distance, work, or other factors limit one parent's time:
- Alternating weekends: Every other Fri-Sun, plus some holiday/summer time.
- First/third/fifth weekends: Structured weekend schedule with longer summer periods.
Holiday & Vacation Time
Your parenting plan must address holidays. Most plans either alternate holidays yearly or split each holiday:
| Holiday |
Common Approach |
| Thanksgiving | Alternate years OR split (Wed-Fri / Fri-Sun) |
| Christmas/Hanukkah | Split: Eve with one parent, Day with other, alternate yearly |
| Spring Break | Alternate years or split in half |
| Summer Vacation | 2-4 weeks uninterrupted for each parent |
| Mother's/Father's Day | Always with that parent regardless of schedule |
| Child's Birthday | Alternate years or share the day |
| Parent's Birthday | Often with that parent |
Pro Tip: Holidays typically override the regular schedule. Be specific about pickup/dropoff times. "Christmas" means different things to different families—spell it out (Dec 24 6pm to Dec 25 6pm, etc.).
Decision-Making Allocation
For each major area, courts can allocate decision-making to one parent or require joint agreement:
Education
School selection, special education decisions, tutoring, extracurricular academic programs. One parent often has final say if parents can't agree, especially if child attends school in their district.
Healthcare
Medical, dental, vision, mental health treatment. Emergency decisions can always be made by either parent. Non-emergency decisions often require agreement or one parent has tie-breaker authority.
Religion
Religious upbringing, education, and practices. Courts try to avoid entanglement—often allocated to one parent or left to each parent during their parenting time.
Extracurricular Activities
Sports, clubs, lessons, camps. Key issue: who pays and whether activities can encroach on the other parent's time. Plans often require mutual agreement or cap commitments.
How Courts Decide: Best Interests Factors
Under 750 ILCS 5/602.7, judges consider these factors when allocating parenting time:
1. Wishes of each parent
2. Wishes of the child (weighted by maturity)
3. Child's adjustment to home, school, community
4. Mental and physical health of all parties
5. Each parent's willingness to facilitate relationship with other parent
6. Any history of domestic violence or abuse
7. Prior involvement in child's care
8. Distance between parents' homes
9. Each parent's work schedule
10. Child's needs and developmental stage
Critical Factor: Courts pay close attention to which parent is more likely to support the child's relationship with the other parent. Badmouthing, gatekeeping, or undermining the other parent can seriously hurt your case.
At What Age Can a Child Decide?
The Truth: There is no magic age in Illinois where a child gets to "choose" which parent to live with. The child's wishes are ONE factor among many, weighted by the child's maturity and reasoning. Even a 17-year-old's preference can be overridden if the court finds it's not in their best interests.
What actually happens:
- Young children (under 10): Preferences rarely considered directly. Courts focus on stability and primary caregiver patterns.
- Tweens (10-13): Courts may consider preferences if the child demonstrates maturity and sound reasoning.
- Teenagers (14-17): Preferences carry more weight, but courts still evaluate whether the preference is based on legitimate reasons vs. permissive parenting, avoiding discipline, or parental influence.
How Courts Hear Children: Judges don't put children on the witness stand. Instead, they may conduct an in-camera interview (private chambers), appoint a Guardian ad Litem to investigate, or order a custody evaluation by a mental health professional.
Required Elements of a Parenting Plan
Under 750 ILCS 5/602.10, your parenting plan must include:
Allocation of significant decision-making responsibilities
Provisions for the child's living arrangements and parenting time schedule
Each parent's right of access to medical, dental, and school records
Designation of which parent's address for school enrollment
Transportation arrangements between homes
Procedure for future modifications
Right of first refusal (if applicable)
How parents will communicate about the child
Frequently Asked Questions
What is a parenting plan in Illinois?
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A parenting plan is a legally required document that outlines how parents will share parenting time (the schedule) and decision-making responsibilities (education, healthcare, religion, extracurriculars) for their children after divorce or separation.
Is a parenting plan required in Illinois?
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Yes. Under 750 ILCS 5/602.10, both parents must submit a proposed parenting plan within 120 days of service or filing an appearance. If parents agree, they submit a joint plan. If not, each submits their own proposal and the court decides.
What's the difference between parenting time and decision-making?
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Parenting time is the physical schedule—who has the children when. Decision-making responsibility is who makes major decisions about education, healthcare, religion, and extracurricular activities. These are allocated separately and can be split differently.
Can parents have joint decision-making but unequal parenting time?
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Yes, this is very common. Parents might share all major decisions equally (joint decision-making) while one parent has the children 60% of the time and the other 40%. The two concepts are completely independent.
What happens if we can't agree on a parenting plan?
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If parents can't agree, each submits their own proposed plan. The court will typically order mediation. If mediation fails, the judge decides based on the child's best interests, considering 17 statutory factors under 750 ILCS 5/602.7.
At what age can a child decide which parent to live with?
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There is no magic age. Illinois courts consider the child's wishes as ONE factor among many, giving it weight based on the child's maturity and reasoning. Even teenagers don't get to "choose"—the court always decides based on best interests.
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This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this content.